§ Harry CohenTo ask the Solicitor-General what criteria the CPS uses in determining whether to seek to prosecute in the UK courts, UK nationals accused of committing serious offences abroad; and if she will make a statement. [51796]
§ The Solicitor-General[holding answer 25 April 2002]: In most cases foreign states would normally prosecute offences committed within their own jurisdiction.
The general rule is that the English courts do not accept jurisdiction where UK nationals commit offences outside England and Wales in the absence of express provisions to the contrary. Some of these statutory exceptions are:
Homicide as set out in sections 9 and 10 of the Offences against the Person Act 1861. A British subject therefore, who, in a foreign country, within the dominion of a foreign power, murders either a British subject or a foreigner is triable in England under the express provisions of this section.Offences of dishonesty and blackmail contrary to sections 1–6 of the Criminal Justice Act 1993.Conspiracy, incitement and attempt to commit the offences listed in the Criminal Justice Act 1993.Sex Offenders Act 1997.Part 12 of the Anti-terrorism, Crime and Security Act 2001, which applies to offences committed on or after 14 February 2002, extends the ambit of the present offences under common law and statute by making it explicit that they cover both the bribery and corruption of foreign public officials and of those in the private sector when committed wholly abroad. It also extends the jurisdiction of the United Kingdom to include acts committed by UK nationals and companies abroad.All such cases are reviewed in accordance with the Code for Crown Prosecutors. The Crown Prosecutor must first be satisfied that there is enough evidence to provide
a realistic prospect of conviction".If the case passes the evidential test the Crown Prosecutor then has to consider whether a prosecution is required in the public interest. The code gives examples of public interest factors both for and against prosecution but this is not an exhaustive list. A prosecution will usually take place unless there are public interest factors tending against prosecution, which clearly outweigh those tending in favour.However, there is often the need to recognise the fact that the foreign state in which the offence was committed may either want or intend to prosecute the UK national for the same offence. This can necessitate discussion between the judicial authorities in the UK and abroad. Such factors as where the victims and witnesses reside and the views of the victim are also taken into account.